The Structure of Endangerment in the Actus Reus of Genocide

This chapter addresses the legal implications of defining genocideGenocide as an endangerment crimeEndangerment crimes in relation to the actus reusActus reus. It begins by reinterpreting the ICCICC's approach in the Al Bashir caseAl bashir case, demonstrating how the court effectively positioned the contextual elementContextual element as an objective threshold for the crime's consummation, aligning it more with the material elements of genocideGenocide rather than its subjective components. The chapter then examines how the collective context of perpetration shapes the structure of the crime and its application to various genocidal acts, including killing, causing serious bodily or mental harmCausing serious bodily or mental harm, and inflicting conditions of life calculatedConditions of life calculated to bring about the groupGroups's destructionDestruction. Through this analysis, the chapter explores the relationship between individual harmHarm and collective endangermentEndangerment within the frameworks of result-based and conduct-based genocidal acts. It also addresses the argument that while some genocidal acts are inherently collective, others may be perpetrated by a lone actor. The chapter concludes with a discussion of substantialitySubstantiality and its implications within the legal framework of genocideGenocide.